On What Is Just Regarding the Alienation of Property of Minors

But we oppose to him this single point with the most celebrated Huber in Praelect. ad Instit. tit. de Inutil. stipul. num. 3.: Wherever an effective action is given in a Civil court, it must necessarily descend from a Civil obligation. But indeed in a case where a ward has become richer from a contract, an effective action is given to anyone against the ward in a Civil court. L. 5. in pr. de Aut. tut. Therefore, it is necessary that this action descends from a civil obligation.

TH. XVII.

And thus concerning the obligation of a ward or minor without a tutor or curator. We said in passing above in §. 3 that with a tutor or curator, the alienation of property of minors does not proceed quite so absolutely. For the freer the administration of wardship property was for tutors, so that they could alienate them promiscuously and therefore be held in place of the owners in L. 27. ff. de administr. tut. Digest on the administration of tutors, the more this power was subsequently restricted to preserve the paternal hearths for the wards, since it was found that not even by their authority was sufficient provision being made for the wards.